Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hannover Life Re of Australasia Ltd v Gell [2005] FCA 150
SUPERANNUATION – Superannuation Complaints Tribunal – review of decisions relating to complaint - Chairperson's guidelines on constitution of Tribunal – Chairperson not obliged to notify intention not to apply guidelines – procedural fairness – jurisdiction of Tribunal unaffected by failure to apply guidelines
Superannuation (Resolution of Complaints) Act 1993, s 7A, s 9(1), s9(2A) HANNOVER LIFE RE OF AUSTRALASIA LTD v CHRISTINE ANNE GELL AND ANOTHER N896 of 2004 HANNOVER LIFE RE OF AUSTRALASIA LTD v GRAHAM LLOYD MCDONALD AND OTHERS N897 of 2004 WHITLAM J 28 FEBRUARY 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 896 of 2004
On appeal from the Superannuation Complaints Tribunal constituted by Elizabeth Anne Shanahan
BETWEEN: HANNOVER LIFE RE OF AUSTRALASIA LTD
APPLICANT
AND: CHRISTINE ANNE GELL
CLERICAL ADMINISTRATIVE AND RELATED EMPLOYEES SUPERANNUATION PTY LTD
RESPONDENTS
THE COURT ORDERS THAT: 1. The appeal is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
N 897 of 2004 BETWEEN: HANNOVER LIFE RE OF AUSTRALASIA LTD
APPLICANT
AND: GRAHAM LLOYD MCDONALD
CHRISTINE ANNE GELL
CLERICAL ADMINISTRATIVE AND RELATED EMPLOYEES SUPERANNUATION PTY LTD
RESPONDENTS
JUDGE: WHITLAM J
DATE OF ORDER: 28 FEBRUARY 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The proceeding is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 896 of 2004
On appeal from the Superannuation Complaints Tribunal constituted by Elizabeth Anne Shanahan
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